What to check before you sign that contract
The phone call I received from a newsagent yesterday was all too familiar. They wanted to get out of a contract they had signed a year back and wanted to know if I had any ideas. The five-year agreement was not working for them. They say they were losing money as a result. The problem is that the contract lists few obligations of the supplier, thereby providing little in the way of an out.
Before you sign a contract for any product or service, check…
- That all supplier promises and obligations are documented to your complete satisfaction. I have seen contracts which document the newsagent’s obligations without covering the supplier’s obligations.
- That the agreement permits you to leave for valid reasons and without undue penalty. I have see a contract which does not provide fair reasons for leaving.
- That you can get out with reasonable notice.
- That there is a reasonable mediation process for dispute resolution.
- That you are not contractually responsible for their legal fees should you decide to take action against them.
- That you are in control of your business at all times. I have seen contracts where a supplier can act for you without you necessarily knowing they are doing this.
- That you are not blocked from accessing your business data. I have seen a situation where a newsagent has been denied access to business data because they refused to pay what they were told was an optional software support fee.
- That you are not precluded from switching to a competitor immediately on get out. I have seen contracts where you are blocked from switching to a competitor for a year after the end of the contract.
- That any claims made in the sales process against competitors are documented and signed by the supplier representative. If someone bagging a competitor refuses to do this you have every right to not believe them.
Check every contract carefully. Take your time. Get legal advice.
It’s easier to get out of a marriage than some of the contracts I have seen newsagents sign.











